Sandifer v. Electrolux Corp.

TIMMERMAN, District Judge.

I have for consideration the motion of the plaintiff for a new trial. 'This is an action for damages based upon an alleged slander. The case was tried with a jury April 15, 16, 1948. The jury returned a verdict for the defendant.

Upon the trial of the case I held and instructed the jury that the words complained of as having been spoken of and concerning the plaintiff by an agent of the defendant were not defamatory per se and consequently that the plaintiff had the burden of proving by the preponderance of the evidence extrinsic facts warranting a reasonable…